A majority of the Supreme Court must agree on a ground for decision in order to make that decision binding precedent for future cases; where there is merely a majority for a particular result, then the parties to the case are bound by the judgment but the case is not authority beyond the immediate parties.

Judicial review of a municipal administrative hearing on zoning which determines the question of whether a property owner's proposed use of property is reasonable under all the circumstances shall be restricted to a determination of whether the record evidence supports the administrative findings (Const, 1963, art 6, § 28).

The opinion of the court was delivered by: Mcgregor

Complaint by Clarence M. Werkhoven and Lois Werkhoven against the City of Grandville for an injunction prohibiting enforcement of a zoning ordinance. Injunction granted. The Court of Appeals reversed, 61 Mich App 200. Plaintiffs applied for leave to appeal to the Supreme Court. Remanded to the Court of Appeals for reconsideration in lieu of grant of leave to appeal, 395 Mich 753.

ON REMAND

Previously, *fn1 we ruled that plaintiffs had failed to sustain their burden in rebutting the presumption of constitutionality to which the defendant's zoning ordinances were entitled. In doing so, we relied heavily upon the majority opinion in Kropf v Sterling Heights, 391 Mich 139; 215 NW2d 179 (1974).

Following our decision, plaintiffs filed an application for leave to appeal to the Supreme Court. While this application was still pending, the Supreme Court decided three cases, *fn2 all of which, like the present case, involved zoning restrictions on mobile home parks. The Supreme Court, in lieu of taking any action on plaintiffs' application, remanded the matter to us "for ...

Our website includes the first part of the main text of the court's opinion.
To read the entire case, you must purchase the decision for download. With purchase,
you also receive any available docket numbers, case citations or footnotes, dissents
and concurrences that accompany the decision.
Docket numbers and/or citations allow you to research a case further or to use a case in a
legal proceeding. Footnotes (if any) include details of the court's decision. If the document contains a simple affirmation or denial without discussion,
there may not be additional text.

Buy This Entire Record For
$7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.